"Case Title
ASARCO LLC v. Estate of John D. Rockefeller Sr. et al
Court
Nature of Suit
Case Number
Judge
Date Filed
April 18, 2011"
http://www.law360.com/energy/articles/239975/asarco-brings-cercla-suit-against-rockefeller-estate
Blog shown in web view. Mrs. Mcmurray 's obtained proof Asarco smelter poisoned El Paso TX through what the EPA & US DOJ said was illegal burning of illegal hazardous/radioactive wastes 1991-98. (see 73 page 1998 conf. for settlement purposes only DOJ EPA Asarco doc,10/06 nytimes) We have never been told what actinides, forever chemicals, dioxins etc are present from illegal Asarco actions.
ASARCO LLC v. Estate of John D. Rockefeller Sr. et al
April 18, 2011"
http://www.law360.com/energy/articles/239975/asarco-brings-cercla-suit-against-rockefeller-estate
FAIRLESS HILLS, Pa. — Judge Richard Schmidt of the U.S. Bankruptcy Court for the Southern District of Texas has closed two more affiliate cases of ASARCO LLC. They are the cases of Encycle Inc. and Government Gulch Mining Company, Limited...."
Read the Asarco Corpus Christi Encycle Whistleblower secret document from 1994 and the document from SPGEG to the DOJ Trustee to these Bankruptcy courts in 2006-7 asking the Trustee to force the courts to face the liabilities from the years of illegal secret toxic-waste disposal by ASARCO....
Why hasn't the Bankruptcy court considered any liabilities from Asarco's years of illegal secret waste disposal in Corpus Christi TX, El Paso TX, and East Helena MT.???? Why has the Federal DOJ looked the other way?
EL PASO, TX – March 23, 2011 – This Saturday, former employees of the ASARCO El Paso plant, as part of the Ex-ASARCO Workers coalition, will identify five unlined dumpsites on the ASARCO property that continue to contaminate the area and pose serious risks to the public health. Representatives from the Environmental Protection Agency (EPA), Texas Commission on Environmental Quality (TCEQ), and a Trustee in charge of remediating the site will be present.
The EPA has informed the Ex-ASARCO Workers that the media will not be allowed to participate in the site visit. As a result, a press briefing will be held at the ASARCO site on Saturday, March 26 starting at 1:00 pm.
“When we first told the EPA about the hidden dumpsite in November, we thought they would be on the next plane to El Paso to investigate,” said Carlos Rodriguez, lead organizer of the Ex-ASARCO Workers. “We were wrong. Clearly, the continued contamination of this property is not a high priority.”
The unlined dumpsites sit on the El Paso property where ASARCO operated a copper smelter and handled military hazardous waste for more than 100 years. The former workers contend that they were instructed to dig pits on the property and bury contaminated materials throughout their employment. They did not place any lining that would prevent the contaminants from leaching into groundwater sources. Current plans for the property call for covering up the areas where the sites are located, rather than sampling and remediating them.
Recently the Ex-ASARCO Workers have also raised concerns that the future of the site includes plans to sell land where known ASARCO dumpsites exist, including an area east of I-10, for use as residences.
“We cannot believe that this land is going to be sold and turned into a residential area and a hiking trail. We know this area has been contaminated and there is no proof that the site is clean enough for families to live there and for children to play there,” said Mario Navarez, a member of the Ex-ASARCO Workers.
The Ex-ASARCO Workers are asking other former ASARCO employees and their spouses to contact them if they have information that would help protect the community from continued environmental pollution. Individuals can contact Veronica Carbajal, attorney with Texas RioGrande Legal Aid, at (915) 585-5107.
Established in 1970, Texas RioGrande Legal Aid, Inc. (TRLA) is a nonprofit organization that provides free civil legal services to low-income and disadvantaged clients in a 68-county service area. TRLA’s mission is to promote the dignity, self-sufficiency, safety and stability of low-income Texas residents by providing high-quality civil legal assistance and related educational services. For more information on Texas RioGrande Legal Aid, Inc. and this story visit www.trla.org.
"Recasting the Smelter
ASARCO Asset Sales (updated 12/08/10)
Sale No. Item Date Amount
1 Rails/Rail ties 7/12/10 $215,000.00
2 2 horizontal cryogenic liquid oxygen above-ground tanks 3/5/10 $130,500.00
3 Slag Pots 6/10/10 $60,000.00
....[etc etc]
TOTAL TO DATE $539,313.70"
http://www.recastingthesmelter.com/?page_id=395
Why hasn't the Trustee allowed sampling of this structure by independent community groups - or even (free!) RADON sampling inside the buildings? What on earth is the Trustee afraid of?The Asarco El Paso site Trustee writes on their website: "Dear Stakeholders, The Trust has been extremely busy working at the Former ASARCO Smelter Site to ensure a safe demolition and thorough investigation/remediation process. Current major activities include: Removing the Contop/Reverb structure to ascertain the presence of valuable matte and concentrate materials,"
And, why has the DOJ not held the DOJ BANKRUPTCY Trustee for the ASARCO case accountable for failing to make the Asarco Bankruptcy court(s) consider the secret-illegal hazardous wastes that the DOJ and EPA discovered were incinerated for nearly ten years by Asarco in at least two smelters?!"However, a powerful Senator did not hesitate to comment on the matter. “The Department of Justice owes the public an explanation for why there have been no criminal prosecutions despite the SEC openly making accusations of a witness being bought off,” Senator Charles Grassley of Iowa told POGO. Grassley is slated to be the top Republican on the Senate Judiciary Committee, which oversees the DOJ." [12-10 quote regarding " major case involving Pequot Capital Management, once the world’s largest hedge fund, and alleged insider trading in shares of Microsoft"]
http://www.truth-out.org/sec-describes-possible-criminal-activity-unprosecuted-hedge-fund-case66233
Eleanor Roosevelt
In a separate lawsuit in federal court in Nebraska, Union Pacific Railroad Co., which the EPA also blamed for the pollution at the Omaha site, refused to settle and sued the agency seeking the same contamination studies that Asarco had requested."
see:"Henry Posner III ...serves as Chairman of RDC; Chairman of Iowa Interstate Railroad; Chairman of Ferrovias Guatemala; a Director of América Latina Logística-Central & Mesopotámico (Argentina); and as Vice Chairman of The Hawthorne Group." http://www.rrdc.com/mgmt_bio_posner.html"The intention of Grupo Mexico is to maintain and improve the productive plant of SPCC, - that means continuing with the mine and concentrator facility expansion in Toquepala, the construction of an SXEW facility in Cuajone or the expansion of the one located in Toquepala."
Mr. Pietrandrea [President of RDC] also serves as ...Chief Operating Officer of The Hawthorne Group.
http://www.rrdc.com/mgmt_bio_pietrandrea.htmlWilliam J. Duggan [is] Vice President-Operations [of RDC and the ] President, Ferrovias Guatemala...[he] has since played a key role in RDC's activities in Peru and Guatemala....
Since 2003, Mr. Hensler has served as RDC's Chief Financial Officer.....[he] is also a Vice President of The Hawthorne Group, a private investment and management company which invests through affiliates primarily in media and communication companies."
http://www.rrdc.com/mgmt_bio_hensler.html
Corpus Christi, Texas - December 19, 2010
U.S. Bankruptcy Court has approved a $3.6 million contract to demolish 50 buildings, silos and storage tanks and remove asbestos at the Encycle/ASARCO plant in Corpus Christi, Texas....According to the agreement between the bankruptcy trustee and Energy Renewal Partners, the project deadline is May 29, 2013 and seven general use buildings will not be demolished, but rather offered for sale once demolition of the other structures is complete."